The National tribune., 1887-01-20
THE GRAND ARMY.
News From the DeparmentS---New
Posts. etc.
HEADQUARTERS BULLETIN.

HnADo'Rs GRAND ARMY or THE REPUBLIC,
MADISON Wis, Jan. IL, lS57.
The opinion of Judge Acknowledgement
Henry T. Taintor, following, IN the case OF the
suspension by Department Commander Cole of
Posts aud 81, Department OF New Jersey, to-
rether with the Endorsement thereon, will be a
matter of general interest TO the Grand Army
OF the Republic:
HARTFORD, Conn., Jan. 8, 1857.
Col. j.. D. GRAY, Adjutant-Neneral, S.A.R', Madl-
son. Mis-.
DEAR CoMRADE: have the honor To return here
with tu papers M the case OF tie appeal ol 4. NJ
II. Lee Post, No. s. Department oi New Jersey,
which la your absence WAS referred 10 lne by the
COMMANDMENTS hief. The decision oil the question
subnittap involves construction al the a"l"ss Cd
the last National Lncanlpmcnt, ana ln tnelr CON
sideratiou must take the action az we hna u III
the officially published Proceedings. On reference
thereto we nnd the following facts:
By tlie addrtss OF the COnmander-ln-thlei lsee
page so ID appears thai he had decided that "a
Department EucHmpment not being IA session, an
appeal from the orginnl act OF the Department
Commander on Department Council oil Administer
tim may be made direct To- tlV Commander ln-Ollel
That H. all the decision that appears in the record
nnd that is the only question submitted py Ine
COMMANDMENT Chief TO the Encampment IA tins
matter. ln the report OF the Judge AdNocate-
General page 100 we find the opinion on winch u
based thc above dccis on OF the COMMANDMENT Chel
The irst part ol the opinion deals entirely WIN ie
law oi tlle case in liz bearing on the question ol
appeal. ln tie latter part the Judge Advocate
aud tAen advises that tie Posts be reinslaied.
" at action tlie Commander-in-Chieit took on that
advice does nut appear, but rom Statements ln the
present appeal lac presumably relnslhted the iosts,
II Il hardly necessary to say that the province oi
the Judge Acknowledgement ~ only adNlsofN ana
that neither hs advice nor opinion become law
until promulgated 10y the commandments.
Such being the state of the case, what was the
action of the National Encampnient?
The committee on the report Oi the Judge AdNo
oatU.Gcneml reported ulhge ~ that the oplhiohs
of tile Judge Advocate 4 encTai are correct aud
that they should Ice adopted motion wac
made, That the report be adopted, hid tomlaa.
Cole OF New Jersey, moved "A substitute : that
the report be adopted with the exception ot ihai
part relating 10 the Department OF New Jersey
which substitute resolution WAS passed. tSee page
2l3 subsequently (see page z4Oj the Eneampmen'
passed ille following:
/" Resolusd, That IA the action taken by the En-
campmcnt M the case OF the appeal Of the Depart
Ineni of New Jersey IL is not intended To reverse
the opinion of the Judge Acknowledgement. mat I
Post may, under proper clrcdn7lances appear al
rect 10 the National Commnndcf or National In
campmcnt; and on the contrary we afhrm the
opinion 10 that extent
The effect OF the above substitute resolution wa'
purely negative; II simply Jailed 10 approve lit
opinion OF Judge Advocate General, aud perhaps
inercuti,lly, tlie decision of the Commandments
Chici a. 20 the right of appeal The passage oi th'
subsequent reson tion, however, affirmed the opln
ion OF the Judge Advocate General, aud, lnieren'
TALLY, the decision of the Connander-in-Chlei on
tho right OF the appeal. The way was now open loi
such affirmative and positive action, at the instance
ofinterescd parties would override any decision
the Commanoer-in-Chief may have rendered rela
tive To the reinstatement of the Posts, but no suoi
action anywhere appears
The Department Commander Of New Jersey
apparently satisfied 10 leave tile matter WHERE
IL then stood, and entirely ialled TO press any ao
vantage he may have so Tar gained. We have
then failure 81 the Encampmont 10 approve Ger
tain advice contained In an opinion OF the judge
Advocate General, but no action Whatever and n'
question raised the record as TO the decision o
the COMMANDMENT Chief IN view of that advice
ID Dr. AN elementary principle recognized m on
Rules and Regulations tChap. III, Art. Nll) that
decision must stand until reversed by competen
authority. No motion WAS ever made 10 reNeis'
the decision Of commandments Burdei II
tie matter of reinstating the Posts and thai ques
ton never came before Ihe lsncampment. Mhethe
the failure TO take action IN that direction was
result of miscOnccpiion of the situation 10y the DE
partment Commander OF New Jersey, or nerel,
an oversight, Is not important. do not think tin
Commander-in- Chief should now do lndirectl
villa, the Encampmeni failed TO do when Il had Tia
opportunity with interested parties before II, no
do think he would he justified In acting upon ia
assumed intention of the Encampment on CUES
ton not before il.
Il am. therefore OF the opinion that the action c
the 10Th National Encampment did not overrul
any decision OF Commander iu-Chicf Burdett v
u tins matter OF in any way affect TIC status % Ia
Posts and that the Department Commander {
New Jersey i'm notifying them that the origins
order Of suspension was in force, 10y virtue oil ia
action Of the National Encampnlent, was ia eIrol
1n view Of ilie above opinion IL becomes unnecessai
90 consider tie other questions raised on the al
peal. Very truly, yours, IN ~ {. and L.
ALhhN lAiNlOlh
Judge Advocate General.
The question has been asked a comrade bs
long la more than one Post al thc same timer
Without answering 1t officially can anyone suggel
an objection 10 a ComrRde being member Of q
many Posts as lac plcascs, provided lac pays b
ducs and attends the meetings in a reasonable res
uiar manner. q. c. Mashburn Post, No. ii. 10,
pariment Oi Wisconsin, elected oomrade. II
paid Isis fec and was ready I'd he mustered. On tl
night that he Was 10 be mustered, lac was so sick
impossible for him 20 attend aud go thrOug
tho ceremony. He died. and al the request OF a
family tlc riiual WAS read, and lac was buried al
der the auspices Of the Grand Army of Tic Repul
lie ar II lac were a menberof II.
ID not such man virtually member Of I'll
Grand Army of the Republic. the intention bcn
Indicated by lis acis. aud Was there any imprupr
ely ia burying him according 10 the ritual oil 81
Order?